Provides that bicycle operators and the businesses affiliated with such operators shall be liable for such operator's violation of the law regarding use of a bicycle

Section 2, subdivision b is expanded to include all commercial cyclists who provide a delivery service for a business, not limiting it to those who are actually employed by the establishment, subject to the provisions of this section.

Section 2, subdivision g moves the proceedings for any violation to this section from the criminal court to the environmental control board. It also allows individuals who break the traffic code to be held liable for a civil penalty.

Section 2, subdivision f creates a rebuttable presumption that the business utilizing or arranging for the services of the commercial bicycle operator had knowledge that the bicyclist was in violation of this section by failing to provide proper identification to the commercial bicycle operator.

Existing law

The New York City Administrative Code prohibits the operation of bicycles on sidewalks due to the danger bicycles pose to pedestrians in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for commercial purposes. This section was created to enable the authorities to enforce the prohibition of delivery bicycles traveling recklessly on sidewalks by assigning liability to the business providing for, or arranging for delivery service. This section requires the business provide identification for the cyclist, with the use of an identification card. Additionally, an obvious visual means of identification with the name of the establishment or a registered number identified solely with a particular business address must be supplied to the commercial cyclist.

Justification

Sidewalks were created for use by pedestrians and not for speeding delivery bicycles attempting to shave minutes from their delivery time at a heightened risk for community residents on foot. This problem has been exacerbated by the difficulty experienced in enforcing the current statutory provisions which prohibit this activity, and assigning liability to the business utilizing or arranging for the commercial bicycle delivery operator to complete delivery.

Section 10-157 does require identification to be provided by the business utilizing the services of delivery cyclists for both the bicycle and rider, but until now has not been readily enforced. First, any violation of this section will be brought before the environmental control board for ease of prosecution as opposed to the criminal court currently the court of jurisdiction. Secondly, this proposal will create a rebuttable presumption that the business utilizing the services of the cyclist was fully aware of the lack of identification associating the cyclist with the business. This

rebuttable presumption will make them subject to a fine from $100 to $250.

By making the business liable for the actions of the cyclists used for delivery of their product, it will promote an interest for the business to only associate with commercial cyclists who adhere to the requirements currently in place in the Administrative Code. By clarifying who is responsible for violations and enabling pedestrians to identify a reckless cyclist and associate the cyclist with the business that they are affiliated with, will facilitate enforcement by the authorities, thereby protecting the pedestrians. The bill also allows an additional penalty to be imposed on the rider in addition to the penalty on the business.

Fiscal implications

Some increased revenue for the City through the imposition of fines to those in violation.

Effective date

Shall take effect on the first of November next succeeding the date on which is shall become law.